Written Question · S4W-20299 · Session 4
What percentage of people on remand in each year since 2007 was subsequently found (a) guilty, (b) not guilty and (c) not proven, and how m…
The question
To ask the Scottish Government what percentage of people on remand in each year since 2007 was subsequently found (a) guilty, (b) not guilty and (c) not proven, and how many were given a (i) custodial sentence, (ii) custodial sentence that was less than the period spent on remand and (iii) non-custodial sentence.
The answer
Tracking the progression from remand to the point of sentencing is not always straightforward as individuals may move between custodial remand and bail at different points in the judicial process for a variety of reasons, such as appeals against the decision to remand in custody and time bars on the period an accused may spend remanded in custody.
In addition, it is not uncommon for an accused to be prosecuted in a number of different cases that are running concurrently, albeit at different stages, through the criminal justice system. This makes it inherently difficult to identify the specific outcome of a period on remand, both in terms of sentence type as one offender may be subject to different disposals, and in terms of sentence length as charges may be rolled up at sentencing stage.
The outcome of cases involving a period on remand is not routinely available as information on remand prisoners and outcomes of court cases is held on two separate administrative systems. The Scottish Prison Service system does not have information on the outcome of cases which do not result in a custodial sentence, and the Scottish Court Service system does not retain information on the use of remand.
The Scottish Government Justice Analytical Services carried out a research exercise linking prisons and courts data held by the Scottish Government to assess the outcomes of those remanded in custody during a given period. About two-thirds of records could be matched, and taking into account the above issues, the study suggested that about 60% of remand cases which could be matched to courts data resulted in a custodial sentence. A further fifth got a community sentence, while fines and acquittals accounted for most of the remaining cases (about 15% in total). However, the proportion of cases identified as resulting in a custodial conviction is likely to be an overestimate as it was more difficult to identify the outcome of remand cases which were not immediately followed by a custodial conviction.
In addition, it is not uncommon for an accused to be prosecuted in a number of different cases that are running concurrently, albeit at different stages, through the criminal justice system. This makes it inherently difficult to identify the specific outcome of a period on remand, both in terms of sentence type as one offender may be subject to different disposals, and in terms of sentence length as charges may be rolled up at sentencing stage.
The outcome of cases involving a period on remand is not routinely available as information on remand prisoners and outcomes of court cases is held on two separate administrative systems. The Scottish Prison Service system does not have information on the outcome of cases which do not result in a custodial sentence, and the Scottish Court Service system does not retain information on the use of remand.
The Scottish Government Justice Analytical Services carried out a research exercise linking prisons and courts data held by the Scottish Government to assess the outcomes of those remanded in custody during a given period. About two-thirds of records could be matched, and taking into account the above issues, the study suggested that about 60% of remand cases which could be matched to courts data resulted in a custodial sentence. A further fifth got a community sentence, while fines and acquittals accounted for most of the remaining cases (about 15% in total). However, the proportion of cases identified as resulting in a custodial conviction is likely to be an overestimate as it was more difficult to identify the outcome of remand cases which were not immediately followed by a custodial conviction.
In the Official Report
No contribution in the Official Report cites S4W-20299 by reference.